Official Rules for the Rally Ride Like A Pro Sweepstakes (the “Sweepstakes”)

CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  YOU HAVE NOT YET WON.  ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  REWARD: One (1) Grand Prize Reward Pack includes: choice of one (1) Diamondback Airen Sport or Century Sport bicycle, one (1) HED Ardennes Plus LT Bike Wheels, one (1) Bell Z-20 MIPS helmet, one (1) Borah Rally Cycling jersey and bib, one (1) Kinetic Road Machine Smart Control Trainer, one (1) Arundel Dual seat bag, Bando Water Bottle Cage, and Shameless Plugs tool kit, one (1) Chamois Butt’r bundle (Chamois cream, skin wash, towel, and water bottles), one (1) box of Clif Bars, one (1) Clif Bars National Park Pass, one (1) Finish Line Pro Care Bucket, one (1) Kenda Valkyrie Pro racing tires with tubes, one (1) Park Tool bike stand, one (1) Thule 28L Accent Backpack, and one (1) Topical Edge bundle (PR lotion, water bottles, Musset bag, and t-shirt). (Total estimated ARV of Grand Prize Reward Pack: $3,400. Actual ARV may vary.) OR One (1) of Two (2) Runner-Up REWARD Packs, each includes: one (1) Bell Z-20 MIPS helmet, one (1) Borah Rally Cycling club jersey, one (1) Kenda Kriterium Endurance training tires with tubes, one (1) Finish Line Pro Care Bucket, one (1) Chamois Butt’r bundle (Chamois cream, skin wash, towel, and water bottles), one (1) box of Clif Bars, one (1) Clif Bars National Park Pass, one (1) Park Tool chain cleaning kit, and one (1) Topical Edge bundle (PR lotion, water bottles, Musset bag, and t-shirt). (Total estimated ARV of each Runner-Up REWARD Pack: $765. Actual ARV may vary.) (Total estimated ARV of all Rewards: $4,930. Actual ARV may vary.) AS DEFINED IN SECTION 4 OF THESE SWEEPSTAKES OFFICIAL RULES (“OFFICIAL RULES”).  OPEN TO ALL LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE OFFICIAL RULES.  RESIDENTS OF ALASKA, HAWAII AND PUERTO RICO ARE NOT ELIGIBLE.  ENTER BETWEEN 12:00 AM ON MAY 9, 2018 AND 11:59 PM ON SEPTEMBER 13, 2018.  THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC. OR INSTAGRAM, INC.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES.  YOU MUST HAVE ACCESS TO THE INTERNET AND A VALID E-MAIL ADDRESS TO ENTER.

SPONSOR:  Rally Health, Inc., 3000 K Street NW, Suite 350, Washington, D.C. 20007 ("Sponsor").

THESE RULES (“OFFICIAL RULES” OR “RULES”) CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.  IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE RULES IN THEIR ENTIRETY BEFORE ENTERING THE SWEEPSTAKES.

      1.      ELIGIBILITY: The Rally Ride Like A Pro Sweepstakes (“Sweepstakes”) is offered only to legal United States residents in the contiguous United States, including the District of Columbia, who are at least 18 years of age or older at the time of entry  and who satisfy the requirements in these Official Rules (“Eligible Entrants”).  If any winner is an Eligible Entrant but is a minor in his/her state, a reward may be awarded in the name of such winner’s parent/legal guardian, who must complete and return to Sponsor any required documentation.  Employees of Rally Health or their advertising agencies, and each of their officers, directors, and agents and their immediate family or household members, are not eligible to participate in the Sweepstakes. All federal, state and local laws and regulations apply. Individuals will be required to provide a valid identification and may be required to provide a valid taxpayer identification number or social security number to verify their eligibility and claim a Reward.

      2.       PROMOTION PERIOD: The entry period for the Sweepstakes will begin at 12:00:01 a.m. (Eastern Standard Time (“EST”)) on May 9, 2018, and end at 11:59:59 p.m. (EST) on September 13, 2018 (the “Entry Period”).  Sponsor’s clock is the official clock for the Sweepstakes.  Each Eligible Entrant may submit up to five (5) total entries during the Entry Period, provided such Eligible Entrant meets all of criteria in these Official Rules.  You must have access to the internet and a valid e-mail address to enter. 

      3.       HOW TO ENTER THE SWEEPSTAKES:  During the applicable Entry Period, you may enter the Sweepstakes by providing your email address and other requested information at the following url: https://www.rallyhealth.com/sweepstakes/tour-of-california-sweepstakes (“Website”). After submitting that initial entry, you may enter up to four (4) additional times by (i) visiting Rally Health on Facebook, (ii) visiting @rallyhealth on Instagram, (iii) following @rally_health on Twitter, or (iv) where prompted, sending a Tweet about the sweepstakes with the tags #RallyHeath and #Sweepstakes (each, a “Method of Entry”).  Limit up to five (5) entries per person, and one (1) entry per person per Method of Entry.  Duplicate entries will not be counted.  Entries must be received during the applicable Entry Period.  Sponsor will only accept entries submitted as described in these Official Rules during the applicable Entry Period.  Entries that are incomplete, garbled, corrupted, or unintelligible for any reason are void. 

      By participating in the Sweepstakes, participant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the Twitter entry and any online social sharing interaction that references the Sweepstakes.  At a minimum, the hashtag “#sweepstakes” should be included in all social media communications sent in connection with the Sweepstakes.  Sponsor reserves the right to disqualify any participant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.

      4.       REWARD, ESTIMATED APPROXIMATE RETAIL VALUE, AND ODDS OF WINNING: Sponsor will select one (1) Grand Prize Reward Pack winner and two (2) Runner-Up Reward Pack winners as specified in these Official Rules, following the end of the applicable Entry Period.  The one (1) Grand Prize Reward Pack winner will receive: choice of one (1) Diamondback Airen Sport or Century Sport bicycle, one (1) HED Ardennes Plus LT Bike Wheels, one (1) Bell Z-20 MIPS helmet, one (1) Borah Rally Cycling jersey and bib, one (1) Kinetic Road Machine Smart Control Trainer, one (1) Arundel Dual seat bag, Bando Water Bottle Cage, and Shameless Plugs tool kit, one (1) Chamois Butt’r bundle (Chamois cream, skin wash, towel, and water bottles), one (1) box of Clif Bars, one (1) Clif Bars National Park Pass, one (1) Finish Line Pro Care Bucket, one (1) Kenda Valkyrie Pro racing tires with tubes, one (1) Park Tool bike stand, one (1) Thule 28L Accent Backpack, and one (1) Topical Edge bundle (PR lotion, water bottles, Musset bag, and t-shirt). (Total estimated ARV of Grand Prize Reward Pack: $3,400. Actual ARV may vary.). Each of two (2) Runner-Up Reward Pack winners will receive: one (1) Bell Z-20 MIPS helmet, one (1) Borah Rally Cycling club jersey, one (1) Kenda Kriterium Endurance training tires with tubes, one (1) Finish Line Pro Care Bucket, one (1) Chamois Butt’r bundle (Chamois cream, skin wash, towel, and water bottles), one (1) box of Clif Bars, one (1) Clif Bars National Park Pass, one (1) Park Tool chain cleaning kit, and one (1) Topical Edge bundle (PR lotion, water bottles, Musset bag, and t-shirt). (Total estimated ARV of each Runner-Up Reward Pack: $765. Actual ARV may vary.) (Total estimated ARV of all Rewards: $4,930. Actual ARV may vary.).   Sponsor will furnish an Internal Revenue Service Form 1099 to the winners for the ARV of the Reward.  The odds of winning will depend on the number of total Entries received during the Entry Period.  Each entry shall be equally weighted and have the same chance of winning.  Limit one (1) reward per person/household.

Reward cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent reward substitutions at its sole discretion.  Sponsor will not replace any lost or stolen rewards or components of a reward(s).  Reward cannot be used in conjunction with any other promotion or offer.  Only the number of rewards stated in these Official Rules is available to be won in the Sweepstakes.  If, by reason of a print or other error, more rewards are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of rewards available.

      5.       RANDOM SWEEPSTAKES DRAWING: Within a reasonable period of time after the close of the Entry Period, Sponsor or its designee shall randomly draw one (1) Grand Prize Reward Pack winner and two (2) Runner-Up Reward Pack winners, from all eligible Entries. The drawing will take place at Sponsor's offices in Washington, D.C., or another location designated by Sponsor. If your Entry is drawn in the drawing, you will be deemed the potential winner of the respective Reward, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.

      6.       Award of Rewards. If you are selected as a potential recipient of a reward, you will be notified by email, telephone, or mail within five (5) business days.

               a.       How to Claim Your Reward. To claim your reward, you must reply to Sponsor as specified and within the time period indicated in your notification or Sponsor may, in its sole discretion, select an alternative potential recipient.

               b.      Required Documentation. Before awarding a reward, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return any required documentation, including but not limited to, a Declaration of Eligibility and Release, tax acknowledgment, and other forms. If requested, you must execute and return any and all documents or provide information requested by Sponsor completed in their entirety within the time that Rally specifies, and participate in any other checks or activities upon request, or your reward may (in Sponsor’s sole discretion) be forfeited.

               c.      Forfeiture of Reward.  If you are found to be ineligible or otherwise not in compliance with these Rules, you fail to submit any required documentation, you decline to accept the reward, Sponsor is unable to contact you, or in the event that the reward or reward notification is returned undeliverable, you will forfeit the reward, and Sponsor may, in its sole discretion, select an alternative potential reward recipient from the pool of all Eligible Entrants.

               d.      Delivery.  Please allow up to 8-12 weeks for delivery of your reward, which will be mailed to the address you provided at registration.

               e.      Additional Terms.  The right to receive a reward is non-assignable and non-transferable, and no reward substitution, exchange, transfer or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a reward of equal or greater value in case of unavailability of reward or force majeure. Sponsor will not replace any lost or stolen reward or components of a reward.  Only the number of rewards stated in these Rules and on the Website in respect of the applicable Sweepstakes will be available to be won in that Sweepstakes.  If, by reason of a print or other error, more rewards are claimed than the number set forth in these Rules and on the Website in respect of a Sweepstakes, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of rewards available.  Once a reward is fulfilled, it cannot be cancelled or changed; it is completely non-refundable.  There are no refunds, exchanges, replacements, conversions for currency, or credits.

      7.       Verification.  EACH POTENTIAL REWARD RECIPIENT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  AN ELIGIBLE ENTRANT IS NOT A WINNER OR RECIPIENT OF ANY REWARD UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. 

      8.      Rewards are final.  Unless otherwise noted at the time of redemption, all rewards are final, cannot be returned, and will not be replaced by Rally.

      9.       TAXES AND FEES.  YOU ARE RESPONSIBLE FOR TAXES IN CONNECTION WITH ANY REWARD.  ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF A REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF REWARD RECIPIENTS. 

      10.       Third Party Providers. Unless otherwise indicated, Rally’s rewards are supplied by third parties, not under the ownership or control of Rally (“Third Party Providers”).  Rally is not responsible for the act or omission of any such Third Party Provider, nor is Rally liable for any losses or penalties incurred if any Third Party Provider is sold, ceases to exist or becomes inoperative; or if a reward or part of a reward is cancelled or modified; or for acts of nature that affect any reward.  Rally, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any reward, and are not responsible for Third Party Provider products or programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third Party Provider product or program, including without limitation, (i) failure or delay by the Third Party Provider to redeem rewards or to provide any specific Rewards, for whatever reason; (ii) loss or damage caused by rewards supplied or requested in connection with the Third Party Provider product or program; (iii) any changes to a Third Party Provider product or program with or without notice; (iv) termination of a Third Party Provider product or program, with or without notice, for whatever reason.

      You agree not to make any claims against us for any matter connected in any way with a Third Party Provider product.  You agree that your sole recourse for any and all liability in connection with a Third Party product will be against the third party only.  You release Rally and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of rewards or other participation in the Sweepstakes.

      11.       GENERAL CONDITIONS: SPONSOR, FACEBOOK, TWITTER, AND INSTAGRAM, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, CLIENTS, CUSTOMERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS,  (“RELEASED PARTIES”) ARE NOT RESPONSIBLE FOR ILLEGIBLE, LOST, LATE, INCOMPLETE, MISDIRECTED, OR UNDELIVERABLE EMAIL OR ENTRIES; OR FOR ANY WEBSITE, COMPUTER, TELEPHONE, SATELLITE, CABLE, NETWORK, ELECTRONIC OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, OR AVAILABILITY, OR GARBLED, CORRUPT OR JUMBLED TRANSMISSIONS, SERVICE PROVIDER/INTERNET/WEB SITE/USE NET ACCESSIBILITY, AVAILABILITY, OR TRAFFIC CONGESTION, OR ANY TECHNICAL, TYPOGRAPHICAL, PRINTING, OR OTHER ERROR, OR UNAUTHORIZED HUMAN INTERVENTION, OR THE INCORRECT OR INACCURATE CAPTURE OF REGISTRATION OR LOG-IN INFORMATION, OR THE FAILURE TO CAPTURE, OR LOSS OF, ANY SUCH INFORMATION OR LOG-INS OR OF ANY ENTRIES.  PROOF OF SUBMISSION OF ENTRY WILL NOT BE DEEMED PROOF OF RECEIPT BY SPONSOR.  THE RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR TECHNICAL ERROR.  SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.

      In the event of any conflict with any details contained in these Official Rules and details contained on the Website, the details set forth in these Official Rules shall prevail.  Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of a Sweepstakes or to be acting in violation of these Official Rules.  In such event, Sponsor may terminate an individual's ability to participate in any or all Sweepstakes and/or to receive a reward. 

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

      12.       MODIFICATION AND CANCELLATION: If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the sweepstakes and award the reward at random from among the eligible, non-suspect entries received up to the time of the impairment.  SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO END OR NO LONGER PROCEED WITH A SWEEPSTAKES.

      13.       Disclaimer of Warranties.  The Sweepstakes and Rally platform are provided on an “as is” basis.  Rally disclaims any and all representations and warranties, express or implied, with respect to any information, services and commercial offerings, including without limitation any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and/or accuracy of information provided with respect to the Sweepstakes and the website.  Rally further disclaims any warranties that the Sweepstakes or the Rally platform will be free from computer viruses or without technical glitches, including without limitation for any failure of performance, interruption, delay or defect.  Rally does not offer any warranty with respect to the results obtained from participating in the Sweepstakes, nor as to the accuracy, reliability or content of any information, service or offerings provided through the Sweepstakes or the Rally platform.  Rally does not warrant that the Sweepstakes or Rally Platform will be uninterrupted or error free, nor does Rally make any warranty with respect to the results obtained from participating in the use of the Sweepstakes or Rally platform, or as to the accuracy, reliability or content of any information, service or offerings provided through either.

      14.       LIMITATION OF LIABILITY AND RELEASE:  BY ENTERING THE SWEEPSTAKES, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR, WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES; (C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST THE RELEASED PARTIES IN CONNECTION WITH THE WEBSITE OR ANY SWEEPSTAKES, INCLUDING ANY REWARD; AND (D) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE WEBSITE, SWEEPSTAKES, ANY REWARD, OR ANY ACTIVITIES ENGAGED IN IN CONNECTION WITH THE WEBSITE OR A SWEEPSTAKES, OR ANY REWARD, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY SWEEPSTAKES OR OTHER ACTIVITY, (II) TYPOGRAPHICAL OR PRINTING ERRORS IN THESE RULES OR THE SWEEPSTAKES MATERIALS; (III) ANY CHANGE IN ANY REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND RALLY’S CONTROL; (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF ANY SWEEPSTAKES; (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY ENTRY, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE, OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY SPONSOR, ANY OF THE RELEASED PARTIES OR YOU, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE WEBSITE OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, (X) ANY LATE, LOST, STOLEN, MUTILATED, MISDIRECTED, ILLEGIBLE, DELAYED, GARBLED, CORRUPTED, DESTROYED, INCOMPLETE, UNDELIVERABLE OR DAMAGED ENTRIES, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR ANY OTHER THIRD PARTY, (XII) LOST, LATE, STOLEN, MISDIRECTED, DAMAGED OR DESTROYED REWARDS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY.

SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR ACCEPTANCE AND/OR USE OF ANY REWARD.  BY PARTICIPATING IN ANY SWEEPSTAKES OR ACCEPTING ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND USE OF A REWARD AND AGREE THAT YOUR PARTICIPATION AND ARE SOLELY AT YOUR OWN RISK.

      15.       DAMAGES EXCLUSION: IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH A SWEEPSTAKES, OR YOUR RECEIPT OR USE OF A REWARD, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.  BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.  Sponsor disclaims any liability from and in connection with the Website.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, the Released Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and the Released Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.

       16.       Resolving Disputes. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

                  a.       Let's Try To Sort Things Out First:   We want to address your concerns without needing a formal legal case. Before filing a claim against Rally, you agree to try to resolve the dispute informally by contacting legal@werally.com.  We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission – and only then – you or Rally may bring a formal arbitration proceeding as described below.

                  b.      We Both Agree To Arbitrate:   You and Rally agree to resolve any claims relating to these Official Rules or the Sweepstakes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.  The arbitration shall be held in the state in which you reside.  For residents outside the United States, arbitration shall be initiated in Washington, DC, and you and Rally agree to submit to the personal jurisdiction of any state or federal court in Washington, DC to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator

                  c.      Opt-out of Agreement to Arbitrate:  You can decline this agreement to arbitrate by sending a letter to Rally that must be postmarked within 30 days of your initial Sweepstakes entry.  The letter must specify your first and last names, mailing address, and a statement that you are opting out of this arbitration provision.  The letter should be sent to Rally Health, Inc., ATTN: Legal Department, 3000 K Street, NW, Suite 350 Washington, DC 20007.

                  d.      Arbitration Procedures:  The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (such rules are available at www.jamsadr.com or by calling JAMS at 1-800-352-5276 and shall be referred to as the “JAMS Rules”) and under these Program Rules.  We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.

                  e.      Arbitration and Attorney's Fees:  Rally will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds the arbitration to be frivolous.  You are responsible for all other additional costs that you may incur in the arbitration, including, but not limited to, attorneys’ fees and expert witness costs unless Rally is otherwise specifically required to pay such fees under applicable law.  For claims that total more than $75,000, the JAMS rules will govern payment of filing fees and arbitration fees.  The decision of the arbitrator will be in writing, conclusive and binding on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction.  Rally and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration.  The arbitrator must follow these Program Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees.  Notwithstanding the foregoing, Rally and you agree not to seek attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose.  Rally and you understand that, absent this mandatory arbitration provision, Rally and you would have the right to sue in court and have a jury trial.  Rally and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.  If Rally is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Rally.  If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.  In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Rally and you agree to waive, to the fullest extent allowed by law, any trial by jury.  The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Rally to the extent that any such claims arise out of your access to or participation in the Sweepstakes or any component of the Sweepstakes.

                  f.      Exceptions to Agreement to Arbitrate:  Either you or Rally may assert claims, if they qualify, in small claims court in the District of Columbia or any other U.S. county, in which Rally has a principal business address, provided the informal dispute resolution described above was unsuccessful.  Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

                  g.      No Class Actions:  PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST RALLY AND THE RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE PROCEDURES SET FORTH IN THESE OFFICIAL RULES. OTHERWISE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN THE SWEEPSTAKES.

                  h.      Judicial forum for disputes: In the event that the agreement to arbitrate set out in these Official Rules is found not to apply to you or your claim, you and Rally agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the District of Columbia. Both you and Rally consent to venue and personal jurisdiction there.

                  i.      Choice of Law: You agree that the arbitration agreement set out in these Official Rules is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state or provincial law concerning arbitration. You otherwise agree that the law of the District of Columbia governs these Official Rules and any claim or dispute that you may have against us, without regard to D.C.’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

      17.       E-MAIL AND SOCIAL MEDIA ACCOUNTS:  If there is a dispute about the identity of a participant, only the Entry of the authorized e-mail account, Facebook account, Instagram account, or Twitter account holder at the time of submission will be accepted. The “authorized account holder” is defined as the natural person who is assigned to the account by an Internet access provider, online service provider, or other organization that is responsible for assigning that account. Each participant may be required to provide Sponsor with proof that the participant is the authorized account holder associated with the applicable winning Entry. All Entries must be submitted from a valid account.

      18.       PUBLICITY RIGHTS: By accepting a Reward, you agree to allow Sponsor and Sponsor's designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television and radio, worldwide, including but not limited to on the Internet, without notice, review, or approval and without additional compensation except where prohibited by law; if requested by Sponsor, you shall provide any requested consents.  By entering, you also agree that Sponsor may contact you via social media, including on Facebook, Instagram or Twitter, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page.

      19.       PROMOTIONAL MATERIAL/E-MAILS: By providing your e-mail address to Sponsor, you consent to Sponsor and its partners sending promotional content to your e-mail address, including but not limited to, health and wellness articles, information about Rally’s products and services, and promotional offers. If you do not wish to receive this special content, you may “opt out” by following the instructions on an e-mail that you receive. Consenting to receive promotional e-mails is optional and does not have to be agreed to in order to be eligible to enter the Sweepstakes; you may opt out.  Please note that Sponsor may still contact you concerning the Sweepstakes, including notifying you if you are a winner of a Reward. By participating in the Sweepstakes, you also agree to Sponsor’s privacy policy at https://www.werally.com/corporate/privacy.

      20.       GLEAM PRIVACY POLICY.  We are working with our partners at Gleam to administer this sweepstakes.  By entering, you are subject to the terms and conditions of Gleam’s privacy policy.

      21.       WINNERS' LIST: You may obtain the name of the Reward winner, by writing your name and address on a "3x5" card and mailing it in an envelope to: Winners List, “Rally Ride Like A Pro Sweepstakes,” Rally Health, Inc., 3000 K Street NW, Suite 350, Washington, D.C. 20007. Winners’ List requests will only be accepted after the end of the Sweepstakes and requests must be received no later than October 13, 2018.

© 2018 Rally Health, Inc. All Rights Reserved.